This paper considers how agency fiduciary law might be applied to a financial advisor with discretionary trading … authority over a client's account. It (i) surveys the agency problem to which the fiduciary obligation is directed; (ii …) examines the legal context by considering how the fiduciary obligation undertakes to mitigate this problem; and (iii) examines …

that imposes on financial advisers to retirement savers “fiduciary” status under the Employee Retirement Income Security … Act. The Department reasoned that the fiduciary duty of loyalty was necessary to protect retirement savers from conflicted … investment advice. But in addition to a duty of loyalty, ERISA fiduciary status also imposes a duty of care or prudence. And with …

This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that … the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary … fiduciaries by the courts. The dominant academic view of fiduciary relationships is therefore incomplete because it does not …

maximize their own welfare within the boundaries of the regulatory rulebook. Applying a fiduciary standard to all financial …

enacted, this change would have subjected brokers to a common-law fiduciary standard (like investment advisers), but was … postponed to examine the consequences of this policy change. It has been suggested that the imposition of a fiduciary standard … relatively stricter fiduciary standard of care impacts the ability to provide services to consumers. We find that the number of …

Recent regulatory debate in the financial advice industry has focused on expanding fiduciary duties to broker … provider and exploiting state-level variation in common law fiduciary duty. We find that imposing fiduciary duty on broker … variable annuities, fiduciary duty induces a shift towards lower-fee, higher-return annuities with a wider array of investment …